WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, May 14, 2009

PLEASE RESPOND

OK Carlos Martinez (BHB) here's your forum. 
The criminal legal community is watching. 

The 3rd DCA just spanked you and said that you (BHB) made poor choices in spending money for new attorneys on raises for existing attorneys. Several in-court  PDs have sent us emails saying they haven't received a cost of living increase in a few years.

SO WHERE DID THE MONEY GO?
 
Were the raises given to top echelon attorneys who are not the ones in court trying cases and holding the line against overwhelming odds?  

Is the 3rd DCA wrong?

You have a serious morale problem bubbling beneath the surface and we have the emails to prove it. 

So as we said once before to another PD in another circumstance, PUT DOWN THAT DANISH  and answer the question:

WHERE DID THE MONEY GO?


See you in court. (Well not you Carlos, but we will see those hard working, under paid PDS who haven't had a COLA in a while. ) 

39 comments:

Anonymous said...

and in this environment bennett sticks his snout in the trough for 40k a year in consulting fees. disgusting abuse of the public trust but no one gives a shit.

rump if kathy did this shit after a fat DROP payout you would be going nuts

Anonymous said...

If any of you bottom feeders at the justice building want to see two of the dumbest judges ever, just visit the 8th floor and observe thomas and adiian conducting hearings. thomas has at least 65 cases crammed into one courtroom and pontificaates on each little case. the floor of dummies.

PD Alum said...

To Rory Stein, little Mikey Melanchuk, El Penguino, and the rest of the dead weight that sucks off the teet and who stuffed Carlos with doughnuts as they mocked him over the years in disgusting homophobic jokes, because he wasn't in "the boys club" ( i use that term loosely because I doubts as to some of those guys). And then when the light bulb went on in their dim witted heads that when BRB retired, they would have to wash cars for a living because they were too stupid and lazy to practice any where else, Gordito Carlito became their best friend - read in your best pricness Leah voice "Help me Carlito - you're my only hope." Sick. All the while the men and women trying cases on the front line in the long gone but best tradition of the office get crap for money.

Anonymous said...

Rumpole, did you read the opinion? In the first portion, the court determined that the State Attorney's office has standing to challenge a defense lawyer's claim of conflict. In effect, the same entity that is prosecuting the defendant has a say as to who his lawyer should be. Do you think that is correct? In another portion of the opinion, the court concluded that no matter how many cases a lawyer has and no matter how much his/her workload places the lawyer at risk of violating the ethical rules, the lawyer has no recourse in the courts because the Legislature has said so. In a state where the Supreme Court is the supervisory body over the Bar, do you think that is correct? In that context, why assume that the court is correct in its note about funding? I'm betting you don't know much about the funding process. I'm thinking the same is true about those who you say have written you. It's of course your privilege to retain your anonymity and hide behind this blog. However, on a matter that is this significant in this country(proper funding of the indigent criminal defense system), why don't you drop the anonymity and seek an appointment with Mr. Martinez to discuss your question regarding funding? I'm thinking that likely will not happen.

Anonymous said...

Everyone knows that they always give out Super Secret Raises at the PD's - you know the ones where they tell you not to tell everyone else because they aren't getting them.

Its been going on for years and years. I know because I used to get them.

Anonymous said...

Funny to see an anonymous commentator (1:19 am) criticizing you for maintaining your anonymity.

BTDT

PS---don't ever give it up. This blog becomes meaningless as soon as you do. By maintaining your anonymity it doesn't deteriorate into a discussion about you personally. Besides, it really doesn't matter who you are......the value of this blog is the discussion your providing a forum for. You've done a great job. Keep it up (and yes, I know you say certain things just to stir the pot. You couldn't do that if you printed your real name).

Anonymous said...

This is probably why only 40 or so FACDL lawyers signed up to do the pro bono thing with the PD - everyone knows they have money to hire more lawyers - everyone knows they are top heavy - everyone knows they are still paying BHB -
everyone knows some lawyers leave at 2pm everyday - everyone knows
they were grandstanding!!!

Funny how quiet they are now.

Anonymous said...

To Carlos Martinez:

The Miami-Dade Public Defender's office is known, rightfully in my opinion, as one of the finest such offices in the country. As an attorney who has tried cases both against and with your lawyers, I would tend to agree. If I were charged with a serious criminal offense there are many attorneys in your office whom I would be glad to have represent me (although I would not qualify as indigent).

The same used to be said for the Miami-Dade State Attorney's Office under Janet Reno. However, since Ms. Reno's departure, there have been serious morale issues at that office. They were there during my tenure at the SAO, which ended many moons ago. The moral problems have only gotten steadily and progressively worse throughout the years. They are no secret to anyone who has any clue about happenings at the REGJB.

As Rumpole said, there appears to be a festering morale problem amongst your "pit" or "line" APDs. Please rectify this situation as soon as possible. Don't let what happened at the SAO happen at your office.

Anonymous said...

Have one of the APDs scan and e-mail the salary list for all of us to see. When I was an ASA, someone would make a public records request and a few days later, we would get one "mysteriously" dropped in our mailboxes. Happened every few months or so.

And some ASA should do the same.

Anonymous said...

Do you really expect Carlos Martinez to handle cases and run an office that big? (Does Kathy try cases?) Why do you keep making such stupid comments?

If you knew Carlos Martinez, you would know that he works about 90 hours a week and is not lazy.

Boy are you off base with this stuff.

Anonymous said...

Here's a thought: let's assume it's true that Brummer gave raises to his employees. Frankly, as long as the people who received said raises deserved them, I don't have beef with that. How else are you supposed to retain good employees if you don't give them any incentives to stay? That's management 101. However, if the raises were given to certain old-school PD's who don't try cases and have interns take their depos for them, then that's a problem. The whole raise question turns (at least for me) on this issue. That's my 2 cents.

Anonymous said...

And one more thing: whatever your thoughts and feelings re Brummer are one thing, but Carlos Martinez is a hard worker who maintains an open-door policy at the PDO. You can also find him in his office way past 5 pm and he's actually around, unlike BHB who never seemed to be there. Give Carlos a chance - he's a genuinely good guy who wants to do right by the office.

Anonymous said...

9:24-
I'm the biggest critic of double dippers who retire through DROP, stay out for a month and then "consult" for a salary. God knows there are teachers, doctors, professors and lawyers doing the same thing and it is a HUGE drain on the government budgets across the state. But BHB coming in for 40k per year is not the "abuse" you claim it to be.

I was an ASA and wouldnt know BHB if I bumped into him. But he was the top administrator at one of the largest PD offices in the country. At 40k per year, he makes less than some of the secretaries, counselors and most of the APDs there. It if helps with the transition during these difficult times, then so be it. I mean, what else should he make? 10k, 15k, 30k? His consulting salary is not the reason the PD's office is in a budget crunch. I'm quite sure he can make more than that in the private sector, but he's still helping out over there.

I dont see any of the recent DROP ASAs/APDs going back to the SAO/PDO for entry level salary. They either try to double dip for six figure salaries, jump into the private sector for more money or do nothing.

Anonymous said...

Yes. I expect carlos to run misdemeanor arraignment calendars and do weekend bond hearings.

Anonymous said...

As a former long time APD, I will say that I have absolutely NO problem with raises being given to APDs - but only on a merit basis. The only thing I ever hear anyone on this blog complain about is the possibility that the "old-timers" may have gotten raises where the young pit lawyers did not.

I have no idea if that is true. What I do know, as a long-time and often opinionated observer of my former office, is that some of the younger pit lawyers did not deserve raises - in fact some of them needed a swift kick in the ass.

Now, I say "some" with a definite purpose. Many of them are and were wonderful, dedicated attorneys eager to do a good job. But there were a decent number who simply had a chip on their shoulder, who held a certain sense of entitlement, and would actually do NOTHING to warrant any of it.

For those members of the office, I say they should be thankful that I was not in charge of hiring / firing decisions. The office would be significantly thinner today. (And I am actually referring to all levels of attorneys.)

It has never ceased to amaze me how people can convince themselves that they are entitled to certain positions, to a certain amount of respect or a certain reputation and NEVER do anything to earn it.

For those of you who would fall into this category; whether you are a juvi, county, A, B, or C lawyer, please, take a long, hard look in the mirror. Before you start pontificating about what you think you are entitled to or aspire for bigger and better things, consider whether you have more to learn and whether you have really earned the things you are demanding to recieve.

And trust me, you don't know hard work till you've left the loving confines of the REG.

And Rory, I'd have a beverage with you any day. You're the hardest workin' man in show biz.

Anonymous said...

Still no response - Carlos are you there?

Anonymous said...

There has been a morale problem with the pit lawyers at the Dade PDO since we put Gabe up to run against Brummer. It's nothing new Rump

fake gene zenobi said...

Many of you know of my love of the ponies. Well, perusing the Daily racing form the other day, I saw this result from a small Northern California Track:

25,000.00 clm......3rd. No Time For Shumie. 6.40

Well, wanting to find out how this name came about I looked up this guy's pedigree and found out- and I think you'll agree - the owners have a real sense of humor.

No Time for Shumie is a 3 yr old out of "Vacation Time" and sired by "Hard at work". LOL.

Clearly these owners get it.

Anonymous said...

Rory is the hardest working man in show business? Are you serious? You obviously have no idea what hard work is. He is an administrator not a lawyer. He keeps hours from 9 to 6. No more no less. Plus, he is a dork.
Last time I checked, the office had at least 20 administrative JD types who do nothing. Por example, Rory and Carlos demoted Weed and put him in ERU. For that, he makes 250k per year because he retired and came back. That could pay 5 bad ass pit lawyers.
Lets keep it real.

Anonymous said...

2:57..........your comment would be worth a lot more if you actually knew what you were talking about. There are plenty of people who have run large offices that don't have a clue what they're doing. If you knew BB, you'd understand why his collecting ANY salary is an abuse. I saw BB in action during a legislative session when I was a prosecutor. He was unprepared, didn't know the law or understand the issues. I was embarassed for him.

I watched that office deteriorate over a period of many years. They needed a new leader; it's still too early to judge Carlos (though I know him to be a hard worker and great guy and respect his loyalty to the man who gave him the opportunities he got, even though I think BB did a poor job).

For whatever it's worth, I think you all should take it easy on him. There are a lot of reasons why morale is so bad that have nothing to do with him (ie. the last PD election, rumors of layoffs, shrinking salaries, etc.).

Fake Peter Adrien said...

Rumor has it that Obama wants to fill Souter's USSC seat with a hispanic or female judge.

President Obama, if you appoint me, you get both. Justice Adrien has a nice ring.

You can contact me at 73 West Flagler or La Loggia if needed.

Pineappleface said...

Pineapple face checking in, surveying da landscape for my next move which will be consistent and directly proportional to my ego.

Anonymous said...

Raises are based on loyalty not skill at the Dade County Public Defenders Office. That was never made more clear then after the Brummer v. Martin election. Those loyal to Brummer got fat raises.

And by the way, Rory Stien is a jerk.

Anonymous said...

The July 30, 2006 and responses later that day and July 31, 2006, were some of the best blog posts on this site.

Especially the whole fighting over the word apparatchik. Priceless stuff.

All of these comments bring back memories of Sleepy Brummer and the posts flaming Rumpole for speaking against him.

Anonymous said...

Just read this startling news online:

DLA Piper is slashing salaries for its U.S. associates in conjunction with an announcement that the law firm is shifting to merit-based compensation.

The law firm will reduce first-year associate salaries in major markets from $160,000 to $145,000. First-year salaries of $145,000 in other cities will drop to $130,000.

On, dear, what will they ever do?!

Anonymous said...

BHB is a disgrace to his office. weed has the worst rug in the Mjb. rory stein eats more danish than any under 60 year old

Anonymous said...

warren schwartz makes 110k per year. he works about 100 hours a year.

weed makes 235k per year. he works zero hours per year.

cox makes 120k per year. she works about 5o hours every two years.

marie "foul mouth" osborn makes 120 per year. She works about 10 hours a week.

al williams makes 125k per year. he has not worked in twenty five years.

these are some examples of why morale is low over at the BHBB

Anonymous said...

6:37 p.m. I don't know how much time you put into your research, but I do believe you are absolutely accurate.

Anonymous said...

To Friday at 4:38 P.M.--
Actually I have seen Carlos do weekend bond hearings, and let me tell you he wasn't a pushover either...

cookie monster in trial said...

A song:

Monnnndaysss
wish I could get a JOAsss

trial days
I'm in a trial daze

my client won't a plea....so can you tell me how to get

how to get to shumie street

Anonymous said...

weekend bond hearings? i forgot to mention the bond hearing guy Elliot.... he makes 120k per year and works 12 hours per week unless he can get Carlos to cover him.... then he works 11. Ours goes to 11

Anonymous said...

Tomatoe
Tomato

Pracitto
Prosciutto

lets call the whole thing off.

(I'm just in that kind of mood tonight)

Anonymous said...

does marie osborne really have a foul mouth?

fake don horn said...

You're all still fired.

Anonymous said...

Carlos - does your silence mean you have no excuse for not hiring the 16 new lawyer positions you had funding for? Does your silence mean you did indeed distribute those monies to your cronies instead of using it to help the indigent clients you are supposed to represent? I guess the answer is YES, correct?

Real Fake Don Horn said...

6:34 P.M.--you're fired, and I'm going to sue you for misappropriating my identify and attempting to use special powers that I, and only I, the Real Fake Don Horn, have been granted.

Oh, and all you bigwigs at the PDs office--you're fired too. Carlos Martinez--you're fired. No danishes for severance either.

Fake Carlos Martinez said...

I had a choice. Hire 14 more attorney's who got in at 9 and left at 2, while managing to take depos on their resisting without violence and nvdl cases OR gives raises to 14 attorney's who have mastered Mindsweep. I stand by my decision.

Anonymous said...

The biggest critic of double dippers who retire through DROP has straw in his brain.

Consider the lawyer employed by the United States who retired as an AUSA. Sitting on his back porch he sees a want ad, “Public Defenders Wanted.” He applies and gets a gig. Would you have him lose the retirement? People against DROP are as stupid as the people against evolution and gravity.

Anonymous said...

To Sat. 6:37 - don't know about all of the rest b/c I haven't been around long enough, but you are dead wrong about Marie. She has a sort of foul mouth (although one of the training attorneys over there is much worse) BUT she works hard. She handled all sentencing calendars (that's a 9 am and a 1:30 pm) for about six months when her staff shrank down to three per courtroom in two courtrooms. She then went down to doing all the sentencing calendars (again, two a day) for two courtrooms (so two weeks out of every four) for the last four months or so. Also, she had a caseload last summer (after a totally incompetent attorney left the office she felt too bad to make a "pit" attorney take over the ridiculous incompetence) and even ***GASP**** tried cases!

There may be too many fat cats up top and there are definite morale problems, but I at least needed to stick up for Marie - b/c she is trying very hard to make sure her attorneys know that she appreciates what they do and that she is willing to pitch in and help.